Privacy Statement
Terms of Use


Privacy Statement

1. Overview
When you register at Wizzl.com you are asked to provide certain information to Wizzl. This information is necessary to process your registration correctly and to keep you informed of the latest developments surrounding Wizzl. Wizzl takes the privacy of your personal information very seriously and uses this information only in accordance with the regulations of this privacy statement. Wizzl will not sell or lend information or lists of client information that can be traced to any individual. In a limited number of situations, a part of your information will be exchanged with third parties (see the detailed description in section 2 hereafter). This is done under the strictest conditions. It is therefore important for you to read this privacy statement carefully. This privacy statement applies to all services that are available via wizzl.com, regardless of whether they are provided by Wizzl or by one of the companies hired by Wizzl.

Your privacy is important to us. By accepting the privacy statement and the user agreement when registering, you explicitly agree to the use and our disclosure of your personal information as described in this privacy statement.

Your personal information that can be traced back to you shall be stored and processed on the computers of Wizzl, in compliance with the law governing the confidential handling of personal information in the European Union. If you object to the use or exchange of your personal information as described in this privacy statement, Wizzl requests you to abandon the registration for the activities of Wizzl via the website.

Changes
The privacy statement may be changed in the course of time when new functions are added to Wizzl or when the statement is changed. If Wizzl wishes to use your personal information or make it available in a manner that essentially departs from the statement that applied when the information was made available, you will have the choice of permitting or not permitting your information to be used or disclosed in this manner. Wizzl will publish the amended privacy statement on the website so that you can always see what information Wizzl collects, how Wizzl can use this information and whether or not Wizzl will provide this information to third parties.

Information that Wizzl collects

Necessary information
To register for Wizzl, you are asked to enter an e-mail address. Depending on how you plan to use Wizzl, you may also be asked for your name, telephone number, address or – if you want to pay via Wizzl – your bank account number.

Statistics
Wizzl keeps online visitor statistics in order to assess the extent to which the web pages on the Internet site are visited. Wizzl also automatically receives the web address of the site that you last visited, the type of browser you use and the number of times that you have visited Wizzl.com. These statistics will be used by Wizzl to make the Internet site more accessible and to optimise the capacity of the Wizzl servers. Wizzl conducts no research into the websites that you visit prior to or after visiting the website of Wizzl.com.

Use of "cookies"
Wizzl sends a "session cookie" to your computer when you log in to your account. Through these cookies, Wizzl knows if you view several pages on our website during a single session; this means that you don\'t need to enter your password again and again. When you log out or close your browser, these session cookies are cancelled.

Correspondence with Customer Service
If you correspond with Wizzl, this information is saved with your account data. Wizzl also saves the correspondence concerning support and other correspondence with you. This is done to be able to serve you and other Wizzlers better.

2. Use and disclosure of information by Wizzl
Wizzl collects, saves and processes the information you provide on its own servers. This is done in order (1) to provide access to the services of Wizzl and to process any transactions, (2) to provide services, (3) to determine whether you qualify for special discounts or registration options, (4) to improve the services of Wizzl. With your permission, we use the name and address you have provided to give you access to the payment services that you wish to use.

Disclosure to anyone other than Wizzl
Wizzl shall not sell or lend information to third parties that can be traced to individuals. Wizzl shall not exchange information with third parties or other contractors of Wizzl that can be traced to individuals, except under the restricted circumstances described below or with your express permission. These third parties are legally or contractually required to use the information only for the purpose for which the information was made available to them.

1. Wizzl exchanges information with companies that assist with the processing of transactions.
2. Wizzl discloses the information that is collected, as described above, to companies that carry out the marketing activities for Wizzl or to other organisations with which Wizzl has marketing agreements. These companies are bound by confidentiality agreements concluded with us and by other legal restrictions that prevent them from using the information for purposes other than the marketing of certain Wizzl services.
3. As is the case with any other organisation, it is possible that sometime in the future the ownership of Wizzl will be transferred to another foundation or organisation. In the case of any such transfer, the new owner will gain access to the information kept by Wizzl, including the information on all Wizzlers. The new owner will in this case be bound by the same privacy statement guidelines unless and until these guidelines are changed as described above.

3. Information Security
Wizzl restricts access to information that can be traced to individuals to its employees that need this information to be able to provide services to you. The security of your Wizzl-account also depends on you keeping your Wizzl-password confidential. You may not give your Wizzl-password to other persons. Representatives of Wizzl will never ask for your password. Any e-mail or other communication which asks you for your password should be considered as unauthorised and suspicious. If for any reason you give your Wizzl-password to another person, you can be held responsible for any actions undertaken with the assistance of the password.

4. Requesting or changing your information
You can review and if necessary change the information you have provided to Wizzl.

5. Other
If you have any questions concerning this privacy statement, please contact privacy@wizzl.com.

(C) Wizzl B.V. 2007 - Last revised 25 September 2007.



Terms of Use

Wizzl B.V. ('Wizzl') operates this web site ('Site') to provide online access to i) information about Wizzl and the software and (payable) services Wizzl provide ('Wizzl Software') respectively ('Wizzl Services'), ii) certain password-restricted areas of the Site, and iii) the procedure(s) for downloading Wizzl Software ('Site Service'). By accessing and using this Site, you agree to each of the terms and conditions set forth herein ('Terms of Use'). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this 'Agreement.'

Wizzl reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

1. Use of Site
You may use the Site Service, the Site, and the information, writings, graphics, pictures, videos, animations, audio clips and/or other works that you see or otherwise experience on the Site (singly or collectively, the 'Content') solely for your non-commercial, personal purposes and/or to learn about Wizzl software and Wizzl Services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Wizzl or its partners, affiliates or contributors reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

2. Copyright
The Site and the Content are protected by Dutch and/or foreign copyright laws, and belong to Wizzl or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Wizzl or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. With the exception of the Sample Material and Promotion Material, you may not manipulate or alter in any way images, pictures, videos, animations or other Content on the Site.

2.1 Sample Material
Wizzl has included images, pictures, videos, animations, audio clips and other materials and/or information on certain pages within the Site, to demonstrate and/or explain the functionalities, features and applications contained in and/or (to be) provided through the Wizzl Software and/or Wizzl Services ('Sample Material'). You may download, reprint and manipulate the Sample Material for this purpose, but you may not crop or change the composition of the material, misuse the material to harm or bring into disrepute Wizzl Software, Wizzl Services or Wizzl, its partners, affiliates, contributors and/or community members. With the exception of media publications, you may not use the Sample Material for commercial purposes unless differently agreed in a separate agreement entered into by and between you and Wizzl. No right, title or interest in any Sample Material is transferred to you, whether as a result of downloading such Sample Material or otherwise.

2.2 Promotional Material
Wizzl has included images, pictures, videos, animations, audio clips, press releases, trademarks, names, signs, logos, banners, and other materials and/or information on certain pages within the Site, that are owned by, made available to or used by Wizzl, for the promotion of its company, its (software) products, its services and other activities ('Promotional Material'). You may download, reprint and manipulate the Promotional Material for this purpose, but you may not crop or change the composition of the material, or misuse the material to harm or bring into disrepute Wizzl Software, Wizzl Services or Wizzl, its partners, affiliates, contributors and/or community members. With the exception of media publications, you may not use the Promotional Material for commercial purposes unless differently agreed in a separate agreement entered into by and between you and Wizzl. No right, title or interest in any Sample Material is transferred to you, whether as a result of downloading such Sample Material or otherwise.

3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Wizzl of the third party, the third-party web site, or the information contained therein. Wizzl is not responsible for the availability of any such web sites. Wizzl is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Wizzl affiliates, service providers or other third parties, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

5. Linking to this Site
Unless specifically authorized by Wizzl, you may not connect 'deep links' to the Site (i.e, create links to this site that bypass the home page or other parts of the Site) and/or mirror or frame the home page or any other pages of this Site on any other web site or web page.

6. Software
Any software available for download via the Site is the copyrighted work of Wizzl, its partners, affiliates and/or its licensors. Use of Wizzl software is governed by the Wizzl End User License Agreement and Wizzl Terms of Service that are included on certain pages within this Site once the Wizzl Software can be downloaded. Downloading, installing, and/or using any Wizzl software indicates your acceptance of the terms of both the Wizzl End User License Agreement and Wizzl Terms of Service.

7. Disclaimer of Warranties
WIZZL MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SITE SERVICE, THE CONTENT, INCLUDING THE SAMPLE MATERIAL AND THE PROMOTIONAL MATERIAL. WIZZL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SITE SERVICE, THE CONTENT, INCLUDING THE SAMPLE MATERIAL AND THE PROMOTIONAL MATERIAL, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. WIZZL DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SITE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SITE SERVICE WILL BE CORRECTED OR THAT THE SITE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WIZZL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, INCLUDING THE SAMPLE MATERIAL AND THE PROMOTIONAL MATERIAL, OR THAT ANY ERRORS THEREIN WILL BE CORRECTED. THE SITE, THE SERVICE, THE CONTENT, INCLUDING THE SAMPLE MATERIAL AND PROMOTIONAL MATERIAL ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS.

8. Limitation of Liability
IN NO EVENT WILL WIZZL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SITE SERVICE, OR THE CONTENT, INCLUDING THE SAMPLE MATERIAL AND PROMOTIONAL MATERIAL, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, INCLUDING THE SAMPLE MATERIAL AND/OR THE PROMOTIONAL MATERIAL, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SITE SERVICE, OR THE CONTENT, INCLUDING THE SAMPLE MATERIAL AND PROMOTIONAL MATERIAL, EVEN IF WIZZL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SITE SERVICE, THE CONTENT OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WIZZL’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED 100 EUROS.

9. Indemnification
You understand and agree that you are personally responsible for your behaviour on the Site. You agree to indemnify, defend and hold harmless Wizzl, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Site Service, or the Content, or any violation by you of this Agreement.

10. Privacy
Click here to see the Wizzl Privacy Policy.

11. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, unless such addition, subtraction or modification is expressly authorized by Wizzl, as is the case e.g. on a forum (to be) included in the Site, and you agree not to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

12. Lawful purposes
You agree to use the Site, including the Site Service, solely for lawful purposes. In this respect, you may not, without limitation: i) monitor and/or distort the communication to or from the Site and/or through the Site Service, ii) use any type of robot, virus, Trojan-horse, or any other codes or instructions that are designed to distort, delete, damage or disassemble the Site – including, but not limited to, any communication provided through or services offered and provided by means of the Site – or to prevent the Site from being displayed and/or used, or to prevent the Site, including the Site Services, from functioning properly, iii) display any unsolicited commercial communication not permitted by applicable law and agreed to by Wizzl in a separate written agreement between you and Wizzl, iv) compromise any and all system software and/or system hardware making the Site, the Site Service, the Wizzl Software and/or Wizzl Services available and/or if applicable v) use your username and password (obtained through Wizzl Software) to login to restricted areas of the Site in any fraudulent or other illegal way.

13. User Supplied Information
Wizzl does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a 'Submission or collectively 'Submissions') will be considered non confidential and non proprietary. For all Submissions (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Wizzl the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

14. Unsolicited Idea Submission Policy.
Wizzl or any of its employees do not accept or consider unsolicited ideas, including, but not limited to, ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should Wizzl’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to Wizzl or anyone at Wizzl. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of Wizzl, without any compensation to you; (2) Wizzl will have no obligation to return your idea to you or respond to you in any way; (3) Wizzl will have no obligation to keep your idea confidential; and (4) Wizzl may use your idea for any purpose whatsoever, including giving your idea to others.
However, Wizzl does welcome feedback regarding many areas of Wizzl’s existing businesses that will help satisfy customer’s needs, and feedback can be provided through the many listed contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section above.

15. Notification of copyright infringement.
Wizzl will investigate notices of copyright infringement and take appropriate actions. If You believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or on websites linked to or from the Site, please notify Wizzl. A notification of claimed infringement must be a written communication addressed to copyright@wizzl.com or Wizzl B.V., Wizzl Legal Department, House of Vision, Rouwkooplaan 5, 2251AP, Voorschoten, The Netherlands, and must include substantially all of the following:a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; b. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Kodak to locate the material;
d. Information reasonably sufficient to permit Kodak to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
e. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and f. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


16. General Provisions
a. New versions of this Agreement. Wizzl reserves the right to modify this Agreement at any time without giving you prior notice, by publishing the revised Agreement on the Site. Your continued use of the Site following any such modification shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement. The last date these Terms of Use were revised is set forth below.
b. Entire Agreement. The terms and conditions of this Agreement, together with the additional terms and conditions applicable to specific areas of this Site or to particular content or transactions and which are posted in particular areas of the Site, constitute the entire agreement between you and Wizzl with respect to the usage of the Site and the Site Service, and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
c. Partial Invalidity. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.
d. No waiver. The failure of Wizzl at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by Wizzl.
e. No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.
f. Assignment by Wizzl. Wizzl is allowed to at its sole discretion assign this Agreement or any rights hereunder to any Affiliate, without giving you prior notice.
g. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the Netherlands without giving effect to the conflict of laws or provisions of the Netherlands or Your actual state or country of residence. This Agreement is not subject to conflicting rules of law of any state or jurisdiction whatever or of the United Nations Convention on Contracts for the International Sale of Goods, the application of which is as a consequence explicitly excluded.
h. Competent Court. Any legal proceedings arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of the court in The Hague, the Netherlands.i. Language. The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.


(C) Wizzl B.V. 2007 - Last revised 25 September 2007.

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